Florida Tractor-Trailer Collision Lawsuit: Jury Rules in Favor of Defendant

Ricky Agosto Jimenez, et al  vs. Luis Montanez, et al

Case Background

On July 5, 2022, Plaintiff Ricky Agosto Jimenez filed a Tractor-Trailer Collision lawsuit in the Florida State, Broward County, Seventeenth Circuit Court(Case number: CACE22009762). Judge David Haimes presided over the case.

Cause

On July 8, 2021, a serious traffic accident occurred in Fort Lauderdale, Broward County, Florida. Ricky Agosto Jimenez was driving a black tow truck westbound on W. Commercial Blvd. near NW 91st Avenue. Luis Montanez was driving a white tractor-trailer owned by Premium Carrier, LLC in the same direction. The complaint did not specify weather or road conditions. As both vehicles approached the intersection, Montanez allegedly lost control of the tractor-trailer. This negligent operation caused a collision between the commercial vehicle and Jimenez’s tow truck.

Injuries

As a direct consequence of the collision, Ricky Agosto Jimenez sustained severe, lasting bodily injuries. Medical professionals confirmed the injuries were permanent with reasonable medical certainty, indicating long-term or lifelong effects. Although specific injuries were not detailed, Jimenez experienced significant pain and suffering after the accident. His injuries led to some disability, though the extent was not explicitly stated. The crash also caused disfigurement, impacting both his physical and psychological well-being.

Damages

Jimenez suffered various damages from the collision. He endured mental anguish and inconvenience. The accident caused him to lose the capacity to enjoy life. Jimenez incurred expenses for hospitalization, medical care, and nursing services. He also lost earnings and faced a diminished ability to earn money in the future. The accident may have aggravated a pre-existing condition. These losses were permanent or ongoing, and Jimenez was expected to continue experiencing them into the future

Key Arguments and Proceedings

Legal representation

• Plaintiff(s): Ricky Agosto Jimenez | Gladys Villalba
  • Counsel for Plaintiff: Jordan Kirby | Michael J Arzillo
  • Experts for Plaintiff(s): Vicki Rogove, MD | Giancarlo Perez, MD | Albert Rodriguez | Dr. Kenneth Fortgang | Dr. Nabil Hodroj

• Defendant(s): Luis Montanez | Premium Carrier LLC | Leonardo Cabrera Torres
  • Counsel for Defendants: Christopher Wayne Wadsworth | Emiliano Perez | Lateshia Frye | Aldo G. Bartolone Jr.
  • Experts for Defendant(s): Craig D. Steiner, M.D. | Michael S. Zeide, M.D. | Alfred P. Bowles, II M.D.

 Claims

The legal complaint outlined several claims against the Defendants. Jimenez filed a direct negligence claim against Luis Montanez, alleging that Montanez failed in his duty to operate the tractor-trailer safely, directly causing the crash and injuries. Jimenez also filed two vicarious liability claims against Premium Carrier, LLC. The first claim, based on the dangerous instrumentality doctrine, asserted that Premium Carrier, as the vehicle owner, was liable for damages caused by Montanez’s negligent driving. The second vicarious liability claim was grounded in the doctrine of respondeat superior, which holds employers responsible for their employees’ negligent actions within the scope of employment. The complaint alleged that Montanez was acting as an employee of Premium Carrier at the time, making the company liable for his negligence.

Jimenez’s spouse, Gladys Villalba, filed a separate loss of consortium claim against both Montanez and Premium Carrier. She sought compensation for the negative impact on their marital relationship, including a reduction in her husband’s companionship and support. This claim recognized the accident’s broader effect on the family unit.

Defense

The Defendants, Premium Carrier LLC and Luis Montanez, filed an amended answer and affirmative defenses to the Tractor-trailer collision lawsuit,. They denied all allegations not specifically admitted and expressly denied liability for the Plaintiffs’ injuries. The Defendants claimed they were not negligent.

In their affirmative defenses, the Defendants argued that the Plaintiffs failed to meet the requirements of Florida’s No-Fault Law. They sought a reduction in any claimed damages for medical expenses and lost earnings based on Personal Injury Protection benefits. The Defendants also argued that the Plaintiffs’ own negligence should bar recovery or reduce any award under comparative negligence principles.

The Defendants claimed that third parties outside their control might have contributed to the Plaintiffs’ damages, requesting the inclusion of these third parties on the jury verdict form under the Fabre and Nash decisions. They also sought a reduction in any verdict based on payments from collateral sources.

Additionally, the Defendants asserted that the Plaintiffs failed to mitigate their damages and that any injuries or damages pre-existed the accident or arose from other causes. They challenged the reasonableness of the Plaintiffs’ medical bills and claims for lost earnings. The Defendants also raised issues concerning insurance coverage, including setoffs for contractual adjustments.

Expert Testimony

The Plaintiff’s expert witnesses included treating physicians Dr. Vicki Rogove, Dr. Giancarlo Perez, Albert Rodriguez, Dr. Kenneth Fortgang, and Dr. Nabil Hodroj. These experts were expected to testify on the Plaintiff’s treatment, injury causation, and permanency. Both parties reserved the right to amend their witness lists.

The Defendants’ expert witnesses included orthopedic surgeons Dr. Craig D. Steiner and Dr. Michael S. Zeide, along with biomedical engineering expert Dr. Alfred P. Bowles II. They were set to testify regarding the Plaintiff’s injuries, the necessity of treatment, and the accident’s impact.

Jury Verdict

On August 28, 2024, the jury ruled in favor of the Defendant and against the Plaintiff in a Tractor-Trailer Collision lawsuit.

Court Documents:

Available Upon Request